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Vikram RMD (Acc)     12 December 2010

Defamation Case Bail

Someone has requested me to bail him from a defamation case filed against him by his brother.


Is it safe for me to bail him. Bail amount is Rs. 5000/-.


What are my legal obligations now, and in the future, in case I agree to bail the person out?


I don't know what case it is, under what section. All I know is bail amount is Rs. 5000/-


Thank you so much.



Learning

 4 Replies

M.Sheik Mohammed Ali (advocate)     14 December 2010

Hi your not affected yourself, if you fearing that bail you can revoke the bail.

 

 

 

CHAPTER XXI: OF DEFAMATION

499. Defamation
Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.

Explanation 1- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3- An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4- No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loath some state, or in a state generally considered as disgraceful.

1 Like

Vikram RMD (Acc)     14 December 2010

Thank you, Sheik, for your answer, as well as the wonderful text on what Defamation is.

Vikram RMD (Acc)     14 December 2010

I do have a general question on this paragraph on defamation:

 

---- if I were to criticize, say, a company, for poor products/services, in a public forum --- would that mean I am 'defaming' them?

If I criticise a company for poor products/services in a public forum, it will certainly harm their reputation won't it?

So I suppose they can sue me for defamation, even if what I say is correct?

SACHIN AGARWAL (ADVOCATE)     14 December 2010

If you agreed to stood surity of any person, it would be youir duty that the said person should appear on eacha nd every date of the case. In case of his non presence, you may be called for to deposit the bail amount in the Court. Now it is you to decide to stood surity or not.


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